PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1055 SEC. 318. PROCUREME^r^ OF ALTERNATIVE FUELED AND HYBRID 10 USC 2302 LIGHT DUTY TRUCKS. °ote. (a) DEFENSE FLEETS NOT COVERED BY REQUIREMENT IN ENERGY POLICY ACT OF 1992.— (1) The Secretary of Defense shall coordinate with the Administrator of General Services to ensure that only hybrid vehicles are procured by the Administrator for the Department of Defense fleet of light duty trucks that is not in a fleet of vehicles to which section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) applies. (2) The Secretary, in consultation with the Administrator, may waive the policy regarding the procurement of hybrid vehicles in paragraph (1) to the extent that the Secretary determines necessary— (A) in the case of trucks that are exempt from the requirements of section 303 of the Energy Policy Act of 1992 for national security reasons under subsection (b)(3)(E) of such section, to meet specific requirements of the Department of Defense for capabilities of light duty trucks; (B) to procure vehicles consistent with the standards applicable to the procurement of fleet vehicles for the Federal (jovernment; or (C) to adjust to limitations on the commercial availability of light duty trucks that are hybrid vehicles. (3) This subsection applies with respect to procurements of Applicability, light duty trucks in fiscal year 2005 and subsequent fiscal years. (b) REQUIREMENT TO EXCEED REQUIREMENT IN ENERGY POLICY ACT OF 1992.—(1) The Secretary of Defense shall coordinate with the Administrator of General Services to ensure that, of the light duty trucks procured in fiscal years after fiscal year 2004 for the fleets of light duty vehicles of the Department of Defense to which section 303 of the Energy Policy Act of 1992 applies— (A) five percent of the total number of such trucks that are procured in each of fiscal years 2005 and 2006 are alternative fueled vehicles or hybrid vehicles; and (B) ten percent of the total number of such trucks that are procured in each fiscal year after fiscal year 2006 are alternative fueled vehicles or hybrid vehicles. (2) Light duty trucks acquired for the Department of Defense that are counted to comply with section 303 of the Energy Policy Act of 1992 for a fiscal year shall be counted to determine the total number of light duty trucks procured for the Department of Defense for that fiscal year for the purposes of paragraph (1), but shall not be counted to satisfy the requirement in that paragraph. (c) REPORT ON PLANS FOR IMPLEMENTATION.— -At the same time that the President submits the budget for fiscal year 2003 to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to Congress a report summarizing the plans for carrying out subsections (a) and (b). (d) DEFINITIONS. —In this section: (1) The term "hybrid vehicle" means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both— (A) an internal combustion or heat engine using combustible fuel; and (B) a rechargeable energy storage system.
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